M A I N   N E W S

It’s Centre vs Haryana over HSGPC
Undo separate body, Union Govt tells state
No going back, we’re on firm footing: Hooda
Naveen S Garewal and Ruchika M Khanna
Tribune News Service

Crucial SAD meeting The SAD has called a meeting of its core committee on Saturday to discuss the course of action it would pursue to keep gurdwaras in Haryana under control of the SGPC. The state legislature is denuded of any jurisdiction to pass any Bill in respect of which only Parliament has exclusive powers to enact law. — MHA letter I find it very amusing that the Union Home Secretary has passed a judgment on the wisdom of state legislature and the Governor. — S C Chodhary, haryana chief secy

Chandigarh, July 18
The Haryana Government is headed for a showdown with the Centre over a separate body for management of gurdwaras. Haryana Chief Secretary SC Chodhary on Friday refused to abide by Union Home Secretary’s directions, asking him to request the Governor to withdraw his assent to the Haryana Sikh Gurdwaras (Management) Bill 2014.

The Ministry of Home Affairs (MHA) shot off a letter to the state government after seeking a legal opinion from the Attorney General of India. The AG has pointed out that the Haryana legislature "is denuded of any jurisdiction to pass any Bill in respect of which only Parliament has exclusive powers to enact a law."

While the Chief Secretary termed the letter as “amusing”, Chief Minister Bhupinder Singh Hooda said the state was on a sound legal footing regarding the passage of the Act that paves the way for creation of the HSGPC.

Hooda said the state had plenary power to legislate an Act to create the Sikh body on account of power vested in it by Section 72 of the Punjab Reorganisation Act, 1966, and a ruling of the Punjab and High Court in the Kashmir Singh vs the Union of India and others which was subsequently upheld by the Supreme Court in 2010.

The Haryana CM also countered the Punjab Government argument that the subject forms part of the Concurrent List of the Constitution, thus requiring assent of President of India. Hooda said the subject fell in the domain of the State List.

Earlier, state Chief Secretary, said, "I find it very amusing that the Union Home Secretary has passed a judgment on the wisdom of state Legislature and the Governor”.

Once the stance taken by the Chief Secretary became known, the Union Home Secretary, Anil Goswami, addressed a similar letter to the secretary to Haryana Governor, Neelam P. Kasni, asking her to bring these facts in the knowledge of the Governor. Apparently, under pressure from Punjab CM Parkash Singh Badal, who has been camping in Delhi for the past few days and met PM Narendra Modi today regarding this issue, the Union Home Secretary faxed a two-page letter to the Haryana Chief Secretary.

The Haryana Government today notified the new legislation that will create a separate body that will control and manage Sikh Gurdwaras in Haryana.

The letter addressed to SC Chodhary and Neelam P. Kasni says "... it has come to the notice of the Central Government that the legislative Assembly of Haryana has passed the said Bill and the Governor has given his assent to itl on July 14, without reserving the Bill for consideration and assent of the President of India".

Citing from the Sikh Gurdwara Act, 1925, the Attorney General (according to this letter) has pointed out that the action of the Haryana Government in bringing in the Bill and the Governor giving his assent, was wrong.

This letter quotes the opinion given to the Union Ministry of Home Affairs, and says... “The state legislature is, therefore, denuded of any jurisdiction to pass any bill in respect of which only Parliament has exclusive powers to enact law. The law is already in place since 1925, and there is no jurisdiction of Haryana State legislature to have passed a law on the same subject matter, taking away the jurisdiction of the board / corporation on basis of 1925 Act...”

The Union Home Secretary has directed the chief secretary of Haryana that “... the state government of Haryana may bring the above facts to the kind notice of the Governor and request the Governor to withdraw the assent given by him to the Bill. In view of the fact, that the state Legislature had no legislative competence and the Bill passed is void and of no legal effect, before any further complications arise”.